http://www.wral.com/news/local/story/2764792/

Quote :

"Man Pleads Guilty to Killing Mo-Ped Passenger Raleigh, N.C. — A Raleigh man who police say tried to avoid a DWI checkpoint and hit and killed a passenger on a mo-ped pleaded guilty Monday to several charges, including second-degree murder. Richard Smart Jr., 44, also pleaded guilty to assault with a deadly weapon inflicting serious injuries, felony speeding to elude, hit and run with property damage and driving with a revoked license. Sentencing is scheduled for Tuesday morning. Investigators said Smart fled the July 29 checkpoint at Legend Road and U.S. Highway 401 in Garner and led authorities on a chase on U.S. Highway 70. Authorities said his vehicle was going about 100 mph when it hit the bike, which flew 45 feet into the air, killing Christopher Gonzalez-Guittierez, 25, of Raleigh. The mo-ped's driver, Jesus Gonzales Orozoco, was seriously injured. Police said Smart continued on and hit another car before fleeing on foot. U.S. Marshals arrested him at a Holiday Inn Express in Dunn a few days later. Smart had been convicted twice for drunken driving, and his license had been revoked about a month before the crash. Friends said Gonzalez-Guittierez was working in the United States to help his wife and young son in Mexico."

So before this happened he was convicted 2x for drunk driving, and had his license revoked.

4/28/2008 8:20:44 PM

100 mph- WOW

4/28/2008 8:40:53 PM

it sucks he killed someone, but sounds like he killed an illegal. wonder if he will get off easier because of this

4/28/2008 8:45:08 PM

would it be too much to ask that this guy NEVER be released from prison? (EVER)

actually, it probably is.

I mean, I know we've got tons of drug dealers that need to be jailed, (that take up lots of prison space)

and selling an addict a couple grams of junk they're just gonna find somewhere else if you didn't sell it them

is much much worse than murder, rape or even treason

drug dealers, who may have NEVER committed a violent crime, NEVER stolen, but sold some junk and got caught

well, they clearly should serve multiple life sentences, or even be executed

I mean, this guy killed a motorist [passenger],

but if sell some dope, you could be killing thousands

it's a tough choice, but we as a society can't afford to jail both drug dealers and murderers

so we better just jail drug dealers

[/obvious sarcasm]

4/28/2008 9:02:31 PM

Quote :

"it sucks he killed someone, but sounds like he killed an illegal. wonder if he will get off easier because of this"

I'm trying to figure out why killing an illegal immigrant would matter. It's still a human life that was ended...

4/28/2008 9:48:34 PM

shit, illegals can kill you w/ a car and it's not that big of a deal.

4/28/2008 9:58:56 PM

I'm sorry no matter how much we hate drunk driving or have to hear MADD bitch; in no way do i find the charge of 2nd degree murder appropriate. The law shouldn't be bent in order to "set an example" out of someone.

Quote :

"Murder is the unlawful killing of a human person with malice aforethought, "

Quote :

"Second Degree Murder: Non pre-meditated killing."

http://en.wikipedia.org/wiki/Murder

The guy can rot in 30 years for all i care but obviously he did not intend on killing the person. If there was a moped on the road and in a fit of rage the dude hit the moped then maybe the charge would be appropriate. Voluntary man-salughter, would be an appropriate charge along with whatever "felony" drunken driving, assault w/ deadly vehicle; etc.

4/28/2008 10:03:50 PM

Quote :

"I'm trying to figure out why killing an illegal immigrant would matter. It's still a human life that was ended..."

yes, i agree. but do you think the courts will agree?

4/28/2008 10:34:04 PM

well, an illegal shouldn't be here to begin with, so should those that kill them be punished as if they had killed a citizen?

hmmm?

4/28/2008 10:44:00 PM

^ why would you even ask that question when you know the obvious answer?

4/28/2008 10:46:55 PM

Quote :

"shit, illegals can kill you w/ a car and it's not that big of a deal."

actually i just wrote an ese in miami about this and thats not really true

4/28/2008 10:48:24 PM

I remember one of my friends telling me about this. He was out riding with his dad the night it happened(his dad is a wake county sherriff) and they were the first two people to get to the crash site and he said that the guy that died was ALL sorts of fucked up, like completely twisted like a rag doll....

4/28/2008 11:30:08 PM

^6

I agree with HUR 100%

not only does our system charge people with crimes they've OBVIOUSLY not committed, through some indirect metaphorical crap

but it makes felonies out of harmless and victimless "crimes"

I know felons that are more ethical than most anyone I've ever met

felons that go to church, have kids and pets, work hard, never "sin", aren't violent or dishonest

but they got caught selling a little dope to support their habit when they were 18

it doesn't matter that they don't even use illegal drugs anymore

because decades ago, they exercised a prohibited and over-stigmatized civil liberty -- exchanging cash for dope

and now, people will think, "OMG DID YOU KNOW OUR NEIGHBOR ______ IS A FELON?!?? OH NO!! LOCK THE DOORS!!"


which is what they should think

if only felonies were reserved for SERIOUS offenses like they should be

instead of for so-called "crimes",

that the legislation and enforcement of which is just a desperate attempt to enforce failed social engineering

[Edited on April 28, 2008 at 11:58 PM. Reason : bigots]

4/28/2008 11:56:57 PM

pretty sure that unless you are a major drug dealer that marijuana is not a felony whether sold, bought, or smoked

4/29/2008 12:11:11 AM

where'd ya learn that, cheech...drug school...

/farva

4/29/2008 12:20:11 AM

please dont let this guy on the road again. i want to live.

-spokesperson for the other moped/scooter drivers of the world

4/29/2008 12:38:02 AM

^^^
incorrect

selling (even just splitting a bag with a buddy)
distributing (even just passing a joint)
delivering (even just carrying some to a party)
growing (even if you didn't know it was on your property)
possessing more than 1.5 ounces (even if it's all leftover seeds and stems)
possessing [any amount] with the intent to sell, distribute, deliver or grow (even just one seed)

all felonies in north carolina


^

Quote :

"please dont let this guy on the road again out of jail. i want to live."

how do you keep him from getting back on the road again?

taking his license didn't work

LOCK THIS PIECE OF SHIT IN JAIL AND NEVER NEVER NEVER LET HIM OUT

EVER!!

[Edited on April 29, 2008 at 1:17 AM. Reason : ]

4/29/2008 1:16:10 AM

but he stayed at a Holiday Inn Express last night!

That's just some ironic shit, trying to avoid the checkpoint and end up killing a dude.

4/29/2008 1:27:18 AM

why is this second degree murder? i'd say involuntary manslaughter.

Quote :

"Involuntary manslaughter, sometimes called criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales or culpable homicide in Scotland occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence."

4/29/2008 2:50:47 AM

This is why we need to deport all illegals NOW

4/29/2008 2:58:40 AM

Quote :

"in no way do i find the charge of 2nd degree murder appropriate"

Quote :

"not only does our system charge people with crimes they've OBVIOUSLY not committed, through some indirect metaphorical crap"

You know how this system works? You overcharge someone ON PURPOSE because of lesser-included offenses. I seriously doubt they could prove second-degree murder (although his fleeing and his prior convictions don't help him), and they know it. I don't think the prosecution is expecting that result, they're probably expecting that the jury will find him guilty of something like vehicular manslaughter or felony/misdemeanor death by vehicle, etc.

Just because you charge somebody with something doesn't mean it's the only thing they can be convicted or acquitted of.

[Edited on April 29, 2008 at 4:57 AM. Reason : .]

4/29/2008 4:55:58 AM

intent to kill.. ie 2nd degree murder is based off the fact that he fled the scene after hitting the guy on the moped ...... this is where the prosecution argues that he fled the scene knowing that he left the two victims to die.

4/29/2008 5:47:42 AM

fleeing doesn't solely prove intent

[Edited on April 29, 2008 at 6:02 AM. Reason : it can prove you were afraid of the consequences, not that you intended to harm someone]

4/29/2008 6:02:00 AM

thats for the jury to decide

4/29/2008 6:21:01 AM

no, it's for the prosecution to prove

no jury would automatically jump to that conclusion after jury instructions

one doesn't depend on the other

4/29/2008 6:36:21 AM

for the prosecution to prove to the jury who decides the verdict.



I thought I made myself clear on this furshia

4/29/2008 7:10:11 AM

you're suggesting that the prosecution try to prove something that it can't, though

that's my point

4/29/2008 7:12:03 AM

Actually that is neither up to the jury or prosecution to decide or prove at this point, the guy pleaded guilty

4/29/2008 7:49:25 AM

^ this just proves why I shouldn't read things at that hour

[Edited on April 29, 2008 at 7:54 AM. Reason : good lord ]

4/29/2008 7:53:36 AM

hahaha

4/29/2008 7:53:51 AM

The guy is an idiot for pleading guilty to 2nd degree.

4/29/2008 2:14:20 PM

Based on his previous record...

4/29/2008 2:14:56 PM

In NC, you can charge someone with 1st degree if they kill someone in the commission of a felony. Yes, this has been applied to DUIs.

4/29/2008 2:15:54 PM

they need to make that shit like they had in the 5th element, where you plug in your license to a car to get it to turn on...

bah, the bastard will be someones bitch now

4/29/2008 2:21:19 PM

i like how we assume the dude was illegal because of his name.

you people

4/29/2008 2:48:15 PM